With India facing a major health emergency due to the novel Coronavirus pandemic, the Competition Commission of India (CCI) announced that antitrust laws allow rivals in various critical sectors healthcare products and other essential commodities and services can engage in greater coordination without the fear of any adverse action.
“The Act has in-built safeguards to protect businesses from sanctions for certain coordinated conduct, provided such arrangements, as mentioned above, result in increasing efficiencies. These provisions will inform the decisions of the Commission,” the antitrust watchdog stated in an advisory to businesses on Sunday, April 19.
However, the CCI added that only such conduct of businesses which is necessary and proportionate to address concerns arising from COVID-19 will be considered, and companies should not take advantage of the pandemic to contravene any of the provisions of competition laws.
The CCI cited essential medical products like ventilators, face masks, gloves, vaccines, services like testing and logistics, and essential commodities as examples where it would use a more liberal approach to enforcing antitrust laws.
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